Espinoza

People v. Espinoza

Good Law
172 Cal. Rptr. 3d 77·2014 Cal. App. LEXIS 455·226 Cal. App. 4th 635·2014 WL 2191980
Court of Appeal of CaliforniaMay 27, 2014No. B251596California2,044 words

Opinion

Lead Opinion

Yegan, J.

Sixty-year-old Jose Serrano Espinoza, a career criminal, appeals from an order requiring postrelease community supervision (hereafter PRCS; Pen. Code, § 3451, subd. (a).) 1 He was originally sentenced in 1999 *638 as a “Three Striker” to 25 years to life. He was “realigned,” sentenced to seven years four months in state prison and was awarded credit for 5,690 days served. (§ 1170.126.) Although appellant’s custody credits exceed the new sentence, sections 3451 and 1170, subdivision (h)(6) require that persons sentenced on or after October 1, 2011, participate in PRCS. We affirm the judgment. We adhere to the plain and unambiguous language of the Penal Code. We reject the argument that PRCS is an ex post facto law, or violates appellant’s equal protection or due process rights.

In 1999 appellant was convicted of commercial burglary (§ 459) and petty theft with prior theft-related offenses (§ 666), with special findings that he suffered five serious felony convictions (§ 1170.12) and served five prior prison terms (§ 667.5, subd. (b)). The trial court sentenced appellant as a “Three Strikes” offender to 25 years to life in state prison. We affirmed the judgment in an…

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